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Terms & Conditions

General Information

BikeExchange.co.nz is a website operated by Bike Exchange Pty Ltd (ABN 57 114 947 116). BikeExchange.com.au is also referred to as "the Site".

Bike Exchange Pty Ltd is also referred to as ‘BikeExchange’.

To use this Site you must first agree to the terms & conditions as set out below. If you do not agree to the terms & conditions as set out below, please leave the Site now.

BikeExchange reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the Site, it is your total responsibility to be aware of our current terms and conditions.

‘Seller’ means an individual person, an entity or a company that has products or services advertised on BikeExchange.

‘Private Seller’ means an individual person that has products or services advertised on Bike Exchange.

‘Retailer Seller’ or ‘bike store’ means a Seller who chooses the retailer classified products within the Site. A retail Seller must be based in New Zealand, have an NZBN, conduct a business of selling products or services operated from retail premises.

‘Merchant’ is otherwise known as BikeExchange.co.nz

A ‘buyer’ is a person who is seeking to purchase products from a private Seller or retailer who advertises on Bike Exchange.

The Site

The Site is an online advertising medium / marketplace where potential buyers use the website to purchase all things bike from BikeExchange.co.nz

The Site is an online advertising medium / marketplace for bicycles and bicycle parts and accessories. BikeExchange will reject advertisements not relevant to bicycles and bicycle parts and accessories and reserves the right to cancel such adverts, without notice and without refunds.

Advertisements

All advertising content must be cycling related and fall within the BikeExchange.co.nz search criteria.

Any fees paid to BikeExchange to place an advertisement on the Site do not grant you exclusive rights to any web page on the Site.

All advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of BikeExchange.

When submitting information to the Site, you assign all copyright of that information to BikeExchange. If you submit information to the Site that is not yours in copyright, it is your responsibility to gain permission from the original owner of that information.

Your BikeExchange advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

Any phone numbers you provide for advertisement must be yours or you must have permission to use them.

BikeExchange reserves the right to verify the availability of items offered for sale and to verify the information contained in any advertisement. You agree that BikeExchange may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as BikeExchange reasonably requires. Failure to comply may result in your service being suspended or cancelled.

Except within the allocated area, under no circumstances are retailers to advertise their own shop numbers within their advertisements on BikeExchange.co.nz. Failure to comply may result in your service being suspended or cancelled.

Retailer advertisements must be “classified in nature”. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not allowed within the classified section of BikeExchange.co.nz. Failure to comply may result in your service being suspended or cancelled.

All advertisements placed by retailers must be in stock and available for purchase. Failure to comply may result in your service being suspended or cancelled.

To submit a private advertisement, you must be a private advertiser, submit completed appropriate BikeExchange forms and, if applicable, pay in full all relevant fees.

A private advertisement will expire after 60 days at which time the customer has the option to renew the advertisement at a cost of 50% of the original fee. The renewal period is for 60 days.

Consumer Information

Currency
All transactions are processed in NZD.

Shipping and Delivery Policy

Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

Click & Collect

The click and collect feature on BikeExchange enables the customer to purchase their product online and then collect in-store. The service is only available on products that feature the Click & Collect icon. It is the customer's responsibility to ensure they have the correct bike store address and that they have correctly entered all order details (including their contact details). Customers will be notified approximately within 24-48 hours after having placed the order by the bike store when the product is ready for collection, at which point customers must present current photo Identification and a receipt of the purchase.

Exchange & Returns Policy

Please choose carefully before you buy.

For faulty products or products that are the wrong size, BikeExchange offers via its bike stores a 14 DAY REPLACEMENT WARRANTY, from the date you receive your product. We do not offer a satisfaction guarantee on products, however we will always endeavour to keep customers happy and satisfied.

If the product cannot be replaced, you will be offered the option of choosing another product of the same value, or be provided with a refund for the total value of the faulty product.

If your product is faulty or is the incorrect size, it will be replaced with an identical product. If you’re returning your product because it is the wrong size, but it is deemed to have been used since its purchase, then no exchange or return will be granted.

Please note: The item must be returned by you to the store from which it was purchased, and proof of this purchase must also be presented. Where the return relates to a faulty item, the replacement product will be sent out to you, at no charge, within 5 working days from the date the faulty product is received.

When returning your product, please make sure you provide the following details:

Your full name

Your order number

Reason why you are returning the product

Your instructions informing us how you would like the issue resolved

Contact phone number

Please include the original order confirmation or invoice you received with your product.

Security

When purchasing, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre (03) 9682 3710.

Private Sellers’ Obligations

All advertisers on the Site must comply with the New Zealand laws and regulations that apply to fair trading.

Advertisers or Private Sellers on this Site must not post / submit illegal content to this Site and must not use derogative terms to describe their product/s on this Site. Any advertiser or Seller who submits such content may be reported to the proper authorities. BikeExchange reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by BikeExchange to contain illegal content and or derogative terms.

Advertisers and Private Sellers shall not use this Site to promote any other Site or products outside the services provided on this Site.

Private Sellers must be legally able to sell advertised products.
It is the Private Seller’s obligation to notify BikeExchange upon the sale of the item in their advertisement.

Private Sellers must not use any BikeExchange.co.nz facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in New Zealand, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.

Private Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from BikeExchange.co.nz.

Bike Stores and Retail Sellers’ Obligations

All advertisers on the Site must comply with the New Zealand laws and regulations that apply to fair trading.

BikeExchange takes responsibility for the sale of products to a buyer. This includes but is not limited to customer service, charge backs, fulfilment, warranties, returns and product defects etc.

By becoming an advertiser or retail Seller on this Site, you acknowledge that BikeExchange will on-charge all associated costs relating but not limited to charge-backs, fulfilment, warranties, returns and product defects that are incurred in relation to honouring these Terms and Conditions. These costs will be automatically debited to your credit card or direct debit account provided to BikeExchange.

Advertisers or Sellers on this Site must not post / submit illegal content to this Site and must not use derogative terms to describe their product/s on this Site. Any advertiser or Seller who submits such content may be reported to the proper authorities. BikeExchange reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by BikeExchange to contain illegal content and or derogative terms.

Advertisers and retail Sellers shall not use this Site to promote any other Site or products outside the services provided on this Site.

Sellers must be legally able to sell advertised products.
It is the Seller’s obligation to notify BikeExchange upon the sale of the item in their advertisement.

Sellers must not use any BikeExchange.co.nz facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in New Zealand, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.

Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from BikeExchange.co.nz.

Bike Store/Retailer Payment Terms and Conditions

Bike Store/Retailer Payment Terms and Conditions

Minimum 12 month subscription is a minimum 12 month term

Minimum 6 month subscription is a minimum 6 month term

Payments will be charged monthly to customer accounts based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March and so on. If the original payment date does not fall in the following month customer accounts will be charged on the next available date.

Once the minimum term has passed Bike Exchange Pty Ltd will continue to charge the customer’s account until Bike Exchange Pty Ltd is notified in writing, giving one month’s notice, to cancel the service.

By agreeing to the terms and conditions, you have authorised BikeExchange to arrange for funds that may from time-to-time become due to BikeExchange under your account. These funds will be debited from your nominated account in amounts and at intervals as advised by BikeExchange to your financial institution.

BikeExchange will give you at least 14 days notice in writing of any changes to the terms and conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes to the terms.

Unless agreed with you otherwise, your account details will be kept confidential except that information may be provided to your financial institution to initiate the drawing or charging to your nominated account or in connection with a claim of alleged incorrect or wrongful withdrawal/charging.

All fees listed on BikeExchange.co.nz are GST exclusive. All GST collected from sale of product/s will be passed on to the retailer. All merchant sales on BikeExchange are subject to a 5% commission + 2.9% + $0.09 merchant fees, per transcation. By establishing merchant services on BikeExchange you give us permission to automatically debit and credit funds from your settlement account for all monies due . All merchant charge backs are the responsibility of the merchant retailer. BikeExchange will however be responsible for the charge backs that relate to commissions earned. All merchants are responsible for product fulfillment, returns, customer service, dispute resolution etc.

By selling online on BikeExchange you give us permission to accept 100% payment of the goods or service.

BikeExchange will pay stores /retailers (less BikeExchange commission) for all completed and dispatched items seven days following the dispatch of the item.
Payments will be via electronic transfer to the desired bank accounts. The bike store/ retailer must provide BikeExchange with the appropriate BSB and Account number in order to be paid.

BikeExchange takes responsibility for the sale of products to a buyer. This includes but is not limited to customer service, charge backs, fulfilment, warranties, returns and product defects etc.

By becoming an advertiser or retail Seller on this Site, you acknowledge that BikeExchange will on-charge all associated costs relating but not limited to charge-backs, fulfilment, warranties, returns and product defects that are incurred in relation to honouring these Terms and Conditions. These costs will be automatically debited to your credit card or direct debit account provided to BikeExchange.

Cancellations

Cancellations of subscriptions must be made and accepted by Bike Exchange Pty Ltd in writing via mail or email to the below addresses:

Cancellation of minimum 6 month or 12 month subscriptions will incur a penalty of one month’s subscription. Service to your BikeExchange.co.nz account will still be maintained during this time period.

Copyright

All content, graphics and programming codes on the Site are and will always remain the intellectual property of BikeExchange and is protected by New Zealand and International copyright laws.

Authenticity

BikeExchange makes no warranties of the authenticity of its advertisers or users on the Site.

General Terms and Conditions

BikeExchange will not permit data mining of any of the content on this Site in anyway. BikeExchange will not permit the use of the site to send anything which could be considered as spam, or bulk electronic messaging.

Some information on the Site may be derived from external sources (including you). BikeExchange does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply a BikeExchange endorsement of such information.

If you are the subject of an interview and/or article and/or feature and/or video of any sort that appears on BikeExchange, you accept that copy is prepared with editorial integrity and that BikeExchange’s word is final in terms of the information included and omitted. You also accept the possibility that editorial errors can occur. In such a case, BikeExchange will make every effort to amend errors as soon as they are brought to our attention, but we will not ultimately be held liable for any adverse consequence.

If you supply images to BikeExchange to accompany the interview/article/feature/video, you effectively sign over publication rights and enable BikeExchange to use this material for wider marketing initiatives, including Electronic Database Mail, advertising, etc. BikeExchange assumes you have the rights to these images in the first place, and assumes no liability should this not be the case.

Information contained in the ‘Community’ section of the Site does not constitute recommendations or advice relating to the suitability of a riding/training/racing technique, product or service, to satisfy an individual’s particular circumstances. BikeExchange strongly recommends you seek independent advice, medical or otherwise before acting upon material on the Site.

The content of BikeExchange.co.nz is for general information purposes only and is not to be taken as directives or instructions from BikeExchange.co.nz. Cycling is a potentially dangerous recreational activity. Participation is done entirely at the risk of the rider. BikeExchange accepts no liability or responsibility for injury, loss, damage or death however caused.

Hyperlinks to other Sites contained within BikeExchange.co.nz are not maintained or controlled by BikeExchange. These third party hyperlinks are provided as a reference solely for the convenience of the Site users. As a result BikeExchange makes no warranties about third party Sites, nor does BikeExchange accept responsibility for or endorse content or use of these Sites. If you enter a third party Site from BikeExchange.co.nz, you do so at your own risk.

BikeExchange may withdraw or alter the material you send us if BikeExchange deems it to be inappropriate, incorrect nor not in keeping with BikeExchange’s style and tone of language.

For transactions in relation to Private Sellers BikeExchange will in no way be involved. Buying or selling a product from a Private Seller via this Site is the total responsibility of the user, buyer or Seller. If BikeExchange does not act in relation to a breach of any of these terms & conditions, this is not to be interpreted as a waiver of these terms & conditions and BikeExchange’s rights to it. BikeExchange will endeavour to display your advertisements in a similar fashion as submitted by you. However BikeExchange makes no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement.

BikeExchange can place third party advertisements on any web page of the Site.

BikeExchange reserves absolute editorial control of advertisements and all content on the Site. BikeExchange may terminate, limit or refuse to publish advertisements if BikeExchange reasonably deems it necessary, not in the best interests of the Site or to be offensive or inappropriate for publication and BikeExchange reserve the right to limit/cancel your access to the BikeExchange.co.nz Site if BikeExchange deems it necessary.

BikeExchange and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.

Privacy

In order for you to register as a Seller BikeExchange needs to collect some personal information. This information may be used for certain follow up services provided by BikeExchange.co.nz. Other than personal information which you send to us for inclusion on your advertisement, BikeExchange does not disclose your information to third parties.

An exception applies in relation to the use or disclosure of personal information if required by or under an New Zealand law or a court/tribunal order, or if the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

BikeExchange reserves the right to monitor email enquiries.

Disclaimer

All reasonable care will be taken whilst compiling BikeExchange.co.nz content, including advertising content. However BikeExchange does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information, software, products, and services may include inaccuracies. BikeExchange endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to numerous factors including those which are out of our control. BikeExchange does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus free.

Bicycles and bicycle accessories prices on the Site are provided by bike stores/retailers. BikeExchange takes no responsibility for the accuracy of price information or bicycles and bicycle accessories specifications. All prices and product specifications are obtained from featured bike stores/retailers and third parties. BikeExchange takes every possible precaution to deliver only accurate information, but cannot be held responsible for information presented by bike stores, retailers and third parties.

BikeExchange accepts advertisements in good faith. All such information, software, products and services are provided "as is" without warranty of any kind. BikeExchange do not warrant or represent that the services, software or products, advertised on the BikeExchange Site will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a buyer it is your responsibility to verify any information on BikeExchange.co.nz and to investigate for yourself the condition, quality and suitability of any goods or services advertised on the Site.

BikeExchange hereby disclaims all warranties and conditions with regard to any information, software, products, and services, including but not limiting to:

Warranties and conditions of merchantability;

Fitness for a particular purpose; and

Title and non-infringement.

Under no circumstance will BikeExchange or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Site or inability to use the Site or for any products, information, services and software obtained through the Site, or otherwise arising out of the use of the Site, even if BikeExchange has been advised of the possibility of damages.

In accepting these terms you agree to indemnify BikeExchange and our suppliers, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to use or inability to use the Site.

These terms and dealings with BikeExchange are subject to the laws of New Zealand.